RTI Act (Right To Information Act)(Contd.)


Definition of Information

              Information means material in any form including Records, Documents, Memos, E-mails, Opinions, Advices, Press releases, Circulars, Orders, Log Books, Contracts, Papers, Samples, Models and Data material held in any electronic form.


            Information relating to any private body which can be assessed by a public authority and includes the right to inspection work, Documents, Records, Extracts or certified copies of documents or records and obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print out where such information is stored in a computer or in any other device.

Disposal of request

             The PIO on receipt of request under section 6 shall as expeditiously as possible and in any case within 30 days of the receipt of the request either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in section – 8 & 9. If APIO receives application it will be 35 days. PIO includes APIO.


Exemption from disclosure of information (Section 8, 9 & 24)


 a)     Information that would prejudicially affect the sovereignty and integrity of India, the security, strategic , scientific or economic interest of the state, relation with foreign state or lead to incitement of an offence.

 b)     Information forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court.

c)        Information the disclosure of which would cause a breach of privilege of parliament or the state Legislature.  

d)     Commercial and trade secret, intellectual property etc. that would harm the competitive position of a third party. 

e)     Information of fiduciary relationship (information shares between husband and wife, Doctor – patient, Client – lawyer, Landlord – tenant). 

f)         Information received in confidence from Foreign Government.

g)         Information disclosure endangers life and physical safety of any person.

h)      Information which would impede the process of investigation or apprehension or prosecution of offenders .  

i)         Cabinet papers including records of deliberation of the council of Ministers, Secretaries and other officers.

j)         All exemptions subject to public interest override. If Public interest out ways protected interest then public interest shall be look into and information must be disclosed. The power to decide whether public interest is with the PIO or the appellate authority.


            If information given infringes the copy right of any person other than the State.


             The Organizations like Intelligence Bureau, Research and Analysis Wing of the Cabinet Secretariat, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, Border Security Force, Central Reserve Police Force, Indo-Tibetan Border Police, Central Industrial Security Force, National Security Guards, Assam Rifles, Special Service Bureau, Special Brach (CID), Andaman and Nicobar, The Crime Branch C.I.C.-C.B. , Dadra and Nagar Haveli, Special Branch, Lakshadweep Police are exempted for disclosure of information under RTI Act.

             But information relating to allegation of corruption and of human rights violation will be given only with the approval of the Central and State Information Commission – as the case may be. Time limit for the same is 45 days from the date of receipt of request.

Benefits of the Act

  • Enhances transparency, credibility and legitimacy of public authority.

  • Increases efficiency, vitality, alertness which are the major ingredients for smooth & effective functioning of public authority.

  • Effective information flow helps citizen to secure their right and entitlement.

  • Encourages public authority to be sensible and to make optimum use of limited fiscal resources.

  • Reminds public authorities their power and duty including channels of supervision and accountability.

  • Free flow of information can tackle any disaster there by enables sustained development and growth.


For details click on http:/www.rtiorissa.gov.in


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